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A Probe Into Ye Shi 's Legal Thoughts In The Southern Song Dynasty

Posted on:2016-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:F G LuFull Text:PDF
GTID:2176330461983750Subject:Legal history
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“Admire‘Yi’to make profits and value ‘li’to make power” is the core of Ye Shi’s thought, so it is not difficult to find out that his legal thought is with a strong tendency of utilitarianism. According to analysing four aspects of his thought on legal system and institution, administative law thought, legal application thought,and ecnomic law thought,we’d like to highlight the characteristics of Ye Shi’s legal thought.On the basis of it,we deeply find out his order ideas.So that the system of Ye Shi’s legal thought can be showed to us.Chapter One mainly introuduces the background of the society of Southern Song and Ye Shi’s life. Ye Shi was born in a poor family which was under the poverty situation for three generations,so he had to quit school very early so that he could afford the whole family by teaching children as a job.That’s why he was identified with the poverty and misery of normal people in Southern Song dynasty.Wenzhou,at that time,was benefited from the growth of Southern Song dynasty’s economic.Addtion to Ye Shi himself is very diligence and thinkingness, all the things eventually brought him as the achieving ideologist of Yongjia School.The second chapter discusses the theoretical origins of Ye Shi’s legal thought. As a Confucian thinkers, his thought surely contains the Confucianism.Unlike other Song Confucianism, Ye Shi is adhere to basing on traditional Confucianism to build his own legal thought. What’s more, predecessors of Yongjia School is also one of the origins of Ye Shi’s legal thought, because Ye Shi’s utilitarian idea is a inheritance and development of their thought.The third chapter illustrates the main contents of Ye Shi’s legal thought by illuminating his legal system and institution, administative law thought, legal application thought, and ecnomic law thought.Unlike contemporary Neo-Confucians,who were willing to base on the havean’s law and sublime words,and restrict the kingcraft in a framework with the sainted inner.which led to no legal policies can escape this circle.Ye Shi’s legal thought is paying more attention on the tendency ofutility.Although “Admire‘Yi’to make profits and value ‘li’to make power”is his ideological core, Ye Shi criticized the twisted “righteousness”so that his legal thought isn’t restricted by it.Also he was trying to bring the Southern Song’s “harm of law”becomes “Fare of law”and looked forward to people no longer being burdened by to much rules of law.The fourth chapter comprises the historic and realistic influence of Ye Shi’s legal thought,which can demonstrate its value of times and pioneering.Ye Shi’s legal thought permeates every aspect of his thought of policy and economic, which is also a very important part of his utilitarianism thought.The study on Ye Shi’s legal thought could rich its entire academic system, but also has a far-reaching significance that make us rediscover Yongjia School in Southern Song.
Keywords/Search Tags:Southern Song, Ye Shi, legal thought
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